Joint committee of local authorities.-Where any local authorities are desirous of acting jointly in the preparation or adoption of a town planning scheme, they may concur in appointing out of their respective bodies a joint committee for the purpose, and in conferring with or without restrictions on any such committee any powers which the local authorities themselves might exercise for the purpose. The provisions of ss. 57 and 58 of the Local Government Act, 1894, in regard to joint committees, are, with the necessary modifications, to apply to any joint committee so appointed (Housing, Town Planning, etc. Act, 1919, s. 42).

The function of the joint committee under the above enactment does not extend beyond the preparation or adoption of a scheme. When a scheme has been approved in respect of land, which is in the area of more than one local authority or in the area of a local authority by whom the scheme was not prepared, the responsible authority for enforcing the observance of the scheme and for the execution of any works thereunder may be for certain purposes of the scheme one local authority and for certain purposes another local authority or a joint body constituted specially for the purpose by the scheme (see p. 155).

By reason of the application of ss. 57 and 58 of the Local Government Act, 1894, to the joint committee the power to borrow money or make any rate may not be delegated by an appointing council to such committee (Local Government Act, 1894, s. 57 (2)); the committee may not hold office beyond the expiration of fourteen days after the next annual meeting of any of the appointing councils (ibid. s. 57 (3)); and the costs of the committee are to be defrayed by the appointing councils in such proportions as they may agree upon or as may be determined in case of difference by the county council (ibid. s. 57 (4)). The accounts of the receipts and payments of the joint committee are to be made up yearly to the thirty-first day of March, or, in the case of accounts which are required to be audited half-yearly, then half-yearly to the thirtieth day of September and the thirty-first day of March in each year; and in such form as the Minister of Health may prescribe (ibid. s. 58 (1)). See also s. 1 (2) of the Audit (Local Authorities,

etc.) Act, 1922, respecting the date to which the accounts are to be made up. Such accounts are, except in the case of accounts audited by the auditors of a borough (but inclusive of the accounts of a joint committee appointed by a borough council with another council not being a borough council), to be audited by a district auditor (ibid. s. 58 (2)). The enactments relating to audit by district auditors of accounts of urban sanitary authorities and their officers, and to all matters incidental thereto and consequential thereon, are to apply accordingly (ibid. as amended by the Audit (Local Authorities, etc.) Act, 1922, s. 1 (1)). The Minister of Health may, with respect to any audit to which the above provisions apply, make rules modifying the enactments as to publication of notice of the audit and of the abstract of accounts and the report of the auditor (Local Government Act, 1894, 8. 58 (3)).

The above provisions respecting the appointment of joint committees appear to apply to the case where a county borough desires to act jointly with another local authority in the preparation or adoption of a town planning scheme. (See s. 42 of the Housing, Town Planning, etc. Act, 1919, supra, and the case of Kirkdale Burial Board v. Liverpool Corporation, [1904] 1 Ch. 829.)

It may be remarked that under s. 38 of the Housing, Town Planning, etc. Act, 1909, "where, upon an application made by one of the local authorities concerned, the [Minister of Health] is satisfied that it is expedient that any local authorities should act jointly for any purposes of the Housing Acts, either generally or in any special case, the [Minister] may by order make provision for the purpose, and any provisions so made shall have the same effect as if they were contained in a provisional order made under s. 279 of the Public Health Act, 1875, for the formation of a united district." This provision does not, however, apply to town planning schemes for the reason that the expression" the Housing Acts" does not include the Town Planning Acts, 1909 and 1919 (see pp. 84 to 86).

In a memorandum dated the 30th March, 1921, the Minister of Health observed: "It is desirable that there should be

one town planning scheme for the whole of an area forming one economic unit. If, therefore, there is more than one local authority in that unit, it is necessary that these local authorities should co-operate closely, to the extent, where advantageous, of forming a joint committee for preparing a scheme. The Minister will be prepared to help in any cases of this kind by calling conferences of the local authorities. concerned."

Development of estates pending preparation or adoption and approval of schemes.-A town planning scheme has no effect unless it has been approved by order of the Minister of Health (see p. 37). A person is, however, not entitled to obtain compensation under s. 58 of the Housing, Town Planning, etc. Act, 1909, on account of any building erected on, or contract made or other thing done with respect to, land included in a scheme, after the date of the resolution of the local authority to prepare or adopt the scheme or after the date when such resolution takes effect as the case may be, or after such other time as the Minister of Health may fix for the purpose; subject to the proviso that compensation may nevertheless be obtained as respects any work done before the date of the approval of the scheme for the purpose of finishing a building begun or of carrying out a contract entered into before the application was made (Housing, Town Planning, etc. Act, 1909, s. 58 (2) ; and Housing, Town Planning, etc. Act, 1919, s. 48 and Sched. III.).

The practical effect of this would be that much of the area of a scheme during the period of its preparation would be "sterilised" in point of building development. To meet this difficulty the Minister of Health is empowered by special or general order to provide that, where a resolution to prepare or adopt a town planning scheme has been passed, the development of estates and building operations may be permitted to proceed pending the preparation or adoption and approval of the scheme, subject to such conditions as may be prescribed by the order; and, where any building is erected, contract made or other thing done in accordance with a permission granted in pursuance of such an order, a claim to compensation is not to

be prejudiced (Housing, Town Planning, etc. Act, 1919, s. 45; and see p. 114).

For the purpose of this section, a local authority is now empowered to permit the development of estates and building operations subject to compliance with all such requirements as the local authority may reasonably impose (Town Planning (General Interim Development) Order, 1922, articles 3 and 5). For the text of this order, see p. 186.

Application for permission is to be made in the manner prescribed, and the local authority is not to permit any inconsistency with the provisions of any local Acts, regulations, or building bye-laws in force in the area. An appeal from the local authority's decision lies to the Minister of Health. The order remains in force in an area until the approval of a preliminary statement for that area or of the scheme, where a preliminary statement is not required (ibid. articles 4, 8, and 9; and see p. 27).

It is the practice of the Minister of Health to provide in a preliminary statement when approved by him for a continuance of the power of the local authority to permit interim development subject to conditions as set out in the preliminary statement (see p. 191).

Forms of permission for use under the Town Planning (General Interim Development) Order, 1922, will be found in Appendix B, at pp. 188 to 190.

A number of special orders under s. 45 of the Housing, Town Planning, etc. Act, 1919, have been made by the Minister of Health.

Observations of Minister of Health as to town planning schemes. In a memorandum dated the 30th March, 1921, the Minister of Health made the following observations: "The importance of providing for the systematic development of areas cannot be too highly estimated. Now less than ever can we afford the waste which has been the result of the haphazard growth of towns in the past; and therefore, in conformity with the measures which are now being taken for economy, wise action is necessary as regards town planning. For industry, even more than for housing, the gains of proper

town planning are great, by locating factories, workshops, and businesses in the places best adapted for them and by providing betimes for proper roads and other communications, and thus avoiding the later necessity of costly street improvements. The works or measures for which provision is made in town planning schemes will need to be carried out, of course, only as and when development makes them necessary."

The Minister further observed: "Local authorities should, at the outset at least, make their town planning schemes as simple as possible, concentrating on the two essentialssettling the principal lines of communication, and allocating areas for the purposes for which they are best suited (zoning), whether industrial, business, residential, or as open spaces; this procedure will make for economy and for efficiency."

The Minister added that he will be glad at all times to place the assistance of his officers at the disposal of local authorities in the preparation of their schemes.

In a further memorandum dated August, 1922, and issued at the same time as the Town Planning (General Interim Development) Order, 1922, it is observed: "The Minister considers it of the greatest importance that private development should not be arrested while a town planning scheme is in course of preparation and that owners should be able to proceed with genuine building plans without fear of the subsequent effects of a scheme."

The need for the consultation of local interests is emphasised in a memorandum issued by the Minister of Health in August, 1921. It is there observed that "the Minister considers it of the highest importance that both the local authorities and his department should have the full advantage of the consideration of town planning schemes by all parties specially interested, c.g. business men, landowners, persons concerned with transport or housing (including the private builder) and social agencies. However perfect a plan may be on paper, it will. have little chance of being successfully carried out unless it commands general public support. Town planning is preeminently a matter which concerns the people themselves."

It is further pointed out in the same memorandum that